Post Publication Amendment

PTO Form 1771 (Rev 9/2007)

OMB No. 0651-0050 (Exp. 07/31/2017)

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PTO Form 1771 (Rev 9/2007)

OMB No. 0651-0050 (Exp. 07/31/2017)

Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment

To the Commissioner for Trademarks:

Application serial no. 76215112 ORANGE (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=76215112) has been amended as follows:

EXPLANATION OF FILING
Applicant wishes to delete the 1(b) basis to permit the mark to be registered.  Applicant also wishes to delete some of the goods and services currently in the application.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 016 for Holograms

Applicant hereby deletes the following class of goods/services from the application.
Class 042 for News agency services; computer services, namely, providing search engines for obtaining data on the Internet

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Television sets, television screens; computers; peripheral equipment for computers; programmed-data-carrying electronic circuits; computer programs and computer software all being for use in relation to the operation and management of telecommunications equipment, apparatus and installations and the operation and management of a telecommunications network; audio and video discs and tapes sold blank; prerecorded audio and video discs and tapes which relate to information concerning telecommunications and for use in relation to the operation and management of telecommunications equipment apparatus and installations and the operation and management of a telecommunications network service and electrical wires; blank and pre-recorded magnetic cards; computer software supplied that may be downloaded from the Internet, being for use in relation to the operation and management of a telecommunications network service; downloadable electronic publications in the nature of brochures, manuals, leaflets, pamphlets and booklets in the fields of telecommunications, business, product promotion, financial, real estate, stocks and shares, maintenance and repair of property, household items, vehicles, maintenance and repair of telecommunications installations, networks, telephones and computer equipment, travel, entertainment, sports, cultural events, computing, travel and restaurants; telecommunications apparatus, namely, modems, to enable connection to databases and the global computer network; computer software to enable searching of data; downloadable musical sound recordings; players for playing downloadable music sound recordings; satellite transmitters and receivers; electric wires and cables; electrical resistance wires; electrodes, namely, connection terminals and conductors for non-medical uses; radio pagers and radio telephones; telephones, mobile telephones and telephone handsets; accessories for telephones and telephone handsets, namely, clip-on fascias, replacement keypads, hologram apparatus, "plug and play" car kits, namely, adaptors, leads, speakers, a plug attachment, built-in speakers and microphone connections, radio hands free, MP3 players, voice recognition kits, namely, speakers, microphone, battery charger, headsets, belt clips, lapel microphones, mobile phone covers, shock proof mobile phone cases, cable tidies; adapters for use with telephones; battery chargers for use with telephones; desk or car mounted units incorporating a loudspeaker to allow a telephone handset to be used hands-free; in-car telephone handset cradles; bags and cases specially adapted for holding or carrying portable telephones and telephone equipment and accessories; computerized personal organizers; antennas; batteries; micro processors; computer keyboards, telephone keypads; modems; electronic satellite global positioning systems; electronic satellite navigational and positioning apparatus and instruments; electronic monitoring equipment and instruments for use in relation to telephony networks, telemetry, signaling and system capabilities for use in tracking telecommunications and electronic signals and for monitoring electronic traffic across telecommunications lines, telemetry, signaling and system capabilities; radio receivers, radio transmitters; electrical and electronic instruments for use in controlling, testing, signaling and checking telecommunications and electronic signals for controlling, testing, signaling and checking the movement of electric and electronic traffic across telecommunications lines, telemetry, signaling and system capabilities; optical and electro-optical apparatus and instruments, namely, telephone display screens, video screens, television screens, video screens for use within a video phone, video cameras, video cameras for use in a video phone, computer display screens, backlighting units for display screens and liquid crystal display screens; video films, namely, entertainment, educational and instructional; electrical and electronic accessories and peripheral equipment designed and adapted for use with computers, audio-visual apparatus and electronic games equipment and apparatus, namely, control pads, joysticks, speakers, MP3 player, digital, musical and video players; parts and fittings for all the aforesaid goods
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ United Kingdom registration number 2180589 registered 05/26/2000 with a renewal date of __________ and an expiration date of 10/27/2018 ], and translation thereof, if appropriate. For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users on or in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Television sets, television screens; computers; peripheral equipment for computers; programmed-data-carrying electronic circuits; computer programs and computer software all being for use in relation to the operation and management of telecommunications equipment, apparatus and installations and the operation and management of a telecommunications network; audio and video discs and tapes sold blank; prerecorded audio and video discs and tapes which relate to information concerning telecommunications and for use in relation to the operation and management of telecommunications equipment apparatus and installations and the operation and management of a telecommunications network service and electrical wires; blank and pre-recorded magnetic cards; computer software supplied that may be downloaded from the Internet, being for use in relation to the operation and management of a telecommunications network service; downloadable electronic publications in the nature of brochures, manuals, leaflets, pamphlets and booklets in the fields of telecommunications, business, product promotion, financial, real estate, stocks and shares, maintenance and repair of property, household items, vehicles, maintenance and repair of telecommunications installations, networks, telephones and computer equipment, travel, entertainment, sports, cultural events, computing, travel and restaurants; telecommunications apparatus, namely, modems, to enable connection to databases and the global computer network; computer software to enable searching of data; players for playing downloadable music sound recordings; downloadable musical sound recordings; satellite transmitters and receivers; electric wires and cables; electrical resistance wires; electrodes, namely, connection terminals and conductors for non-medical uses; radio pagers and radio telephones; telephones, mobile telephones and telephone handsets; accessories for telephones and telephone handsets, namely, clip-on fascias, replacement keypads, hologram apparatus, "plug and play" car kits, namely, adaptors, leads, speakers, a plug attachment, built-in speakers and microphone connections, radio hands free, MP3 players, voice recognition kits, namely, speakers, microphone, battery charger, headsets, belt clips, lapel microphones, mobile phone covers, shock proof mobile phone cases, cable tidies; adapters for use with telephones; battery chargers for use with telephones; desk or car mounted units incorporating a loudspeaker to allow a telephone handset to be used hands-free; in-car telephone handset cradles; bags and cases specially adapted for holding or carrying portable telephones and telephone equipment and accessories; computerized personal organizers; antennas; batteries; micro processors; computer keyboards, telephone keypads; modems; electronic satellite global positioning systems; electronic satellite navigational and positioning apparatus and instruments; electronic monitoring equipment and instruments for use in relation to telephony networks, telemetry, signaling and system capabilities for use in tracking telecommunications and electronic signals and for monitoring electronic traffic across telecommunications lines, telemetry, signaling and system capabilities; radio receivers, radio transmitters; electrical and electronic instruments for use in controlling, testing, signaling and checking telecommunications and electronic signals for controlling, testing, signaling and checking the movement of electric and electronic traffic across telecommunications lines, telemetry, signaling and system capabilities; optical and electro-optical apparatus and instruments, namely, telephone display screens, video screens, television screens, video screens for use within a video phone, video cameras, video cameras for use in a video phone, computer display screens, backlighting units for display screens and liquid crystal display screens; video films, namely, entertainment, educational and instructional; electrical and electronic accessories and peripheral equipment designed and adapted for use with computers, audio-visual apparatus and electronic games equipment and apparatus, namely, control pads, joysticks, speakers, MP3 player, digital, musical and video players; parts and fittings for all the aforesaid goodsClass 009 for Television sets, television screens; computers; peripheral equipment for computers; programmed-data-carrying electronic circuits; computer programs and computer software all being for use in relation to the operation and management of telecommunications equipment, apparatus and installations and the operation and management of a telecommunications network; audio and video discs and tapes sold blank; prerecorded audio and video discs and tapes which relate to information concerning telecommunications and for use in relation to the operation and management of telecommunications equipment apparatus and installations and the operation and management of a telecommunications network service and electrical wires; blank and pre-recorded magnetic cards; computer software supplied that may be downloaded from the Internet, being for use in relation to the operation and management of a telecommunications network service; telecommunications apparatus, namely, modems, to enable connection to databases and the global computer network; computer software to enable searching of data; players for playing downloadable music sound recordings; satellite transmitters and receivers; electric wires and cables; electrical resistance wires; electrodes, namely, connection terminals and conductors for non-medical uses; radio pagers and radio telephones; telephones, mobile telephones and telephone handsets; accessories for telephones and telephone handsets, namely, clip-on fascias, replacement keypads, hologram apparatus, "plug and play" car kits, namely, adaptors, leads, speakers, a plug attachment, built-in speakers and microphone connections, radio hands free, MP3 players, voice recognition kits, namely, speakers, microphone, battery charger, headsets, belt clips, lapel microphones, mobile phone covers, shock proof mobile phone cases, cable tidies; adapters for use with telephones; battery chargers for use with telephones; desk or car mounted units incorporating a loudspeaker to allow a telephone handset to be used hands-free; in-car telephone handset cradles; bags and cases specially adapted for holding or carrying portable telephones and telephone equipment and accessories; computerized personal organizers; antennas; batteries; micro processors; computer keyboards, telephone keypads; modems; electronic satellite global positioning systems; electronic satellite navigational and positioning apparatus and instruments; electronic monitoring equipment and instruments for use in relation to telephony networks, telemetry, signaling and system capabilities for use in tracking telecommunications and electronic signals and for monitoring electronic traffic across telecommunications lines, telemetry, signaling and system capabilities; radio receivers, radio transmitters; electrical and electronic instruments for use in controlling, testing, signaling and checking telecommunications and electronic signals for controlling, testing, signaling and checking the movement of electric and electronic traffic across telecommunications lines, telemetry, signaling and system capabilities; optical and electro-optical apparatus and instruments, namely, telephone display screens, video screens, television screens, video screens for use within a video phone, video cameras, video cameras for use in a video phone, computer display screens, backlighting units for display screens and liquid crystal display screens; video films, namely, entertainment, educational and instructional; electrical and electronic accessories and peripheral equipment designed and adapted for use with computers, audio-visual apparatus and electronic games equipment and apparatus, namely, control pads, joysticks, speakers, MP3 player, digital, musical and video players; parts and fittings for all the aforesaid goods
Deleted Filing Basis: 1(b)
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number 2180589 registered 05/26/2000 with a renewal date of __________ and an expiration date of 10/27/2018 ], and translation thereof, if appropriate, before the application may proceed to registration. For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users on or in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for Telecommunications and communication services, namely, telephone, facsimile, user to user teleprinter exchange services, electronic message collection and transmission, radio-paging and electronic mail services; electronic transmission and reception of data and of information; electronic message delivery services; on-line information services relating to telecommunications; electronic data interchange services; transfer of data by telecommunication; satellite communication services; broadcasting or transmission of radio or television programs; videotext, teletext and viewdata services, namely, viewing text and graphics via telephone monitors to display information which is accessed through telephone lines; video messaging services; video conferencing services; video telephone services; providing user access to the Internet; providing telecommunications connections to the Internet or databases; providing access to digital music websites on the Internet; providing access to MP3 websites on the Internet; delivery of digital music by telecommunications; telecommunication access services to on-line and wireless providers; computer aided transmission of messages and images; wireless exchange of computer data; electronic transmission of news and current affairs information; leasing and rental of telecommunications equipment; telecommunications consulting services
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users on or in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant.

Proposed: Class 038 for Telecommunications and communication services, namely, telephone, facsimile, user to user teleprinter exchange services, electronic message collection and transmission, radio-paging and electronic mail services; electronic transmission and reception of data and of information; electronic message delivery services; on-line information services relating to telecommunications; electronic data interchange services; transfer of data by telecommunication; satellite communication services; broadcasting or transmission of radio or television programs; videotext, teletext and viewdata services, namely, viewing text and graphics via telephone monitors to display information which is accessed through telephone lines; video messaging services; video conferencing services; video telephone services; providing user access to the Internet; providing telecommunications connections to the Internet or databases; providing access to digital music websites on the Internet; providing access to MP3 websites on the Internet; delivery of digital music by telecommunications; telecommunication access services to on-line and wireless providers; computer aided transmission of messages and images; wireless exchange of computer data; electronic transmission of news and current affairs information; leasing and rental of telecommunications equipment; telecommunications consulting services
Deleted Filing Basis: 1(b)
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate, before the application may proceed to registration. For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users on or in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant.

SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods and/or services listed in the application as of the application filing date or as of the date of any submitted allegation of use. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 2.44. The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /dmd/      Date: 03/25/2013
Signatory's Name: Dickerson M. Downing
Signatory's Position: Attorney of record, NY bar member
Signatory's Phone Number: 212-895-4212



Signature: /dmd/     Date: 03/25/2013
Signatory's Name: Dickerson M. Downing
Signatory's Position: Attorney of record, NY bar member

Signatory's Phone Number: 212-895-4212

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 76215112
Internet Transmission Date: Mon Mar 25 14:33:22 EDT 2013
TEAS Stamp: USPTO/PPA-XX.XXX.XXX.XX-2013032514332291
0379-76215112-50055d0727c7b81bbc4b9c3aac
271c9f1324186e4416ae596125db3b28e104989-
N/A-N/A-20130325133638284117